CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
LEWIS JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
PARTIES
O. OGUNDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff sued the defendant for declaration of title to land, pleading were filed and witnesses testified .judgment was given in favour of the plaintiff, the defendant appealed.
HELD
The appeal was allowed and the judgment of the high court was set aside with cost in favour of defendant.
ISSUES
Whether since the main claim of the plaintiff which has grounded in trespass which is an action founded on possession, His claim to the relief of a perpetual injunction postulate the vital question of title and put the same in issue.
RATIONES DECIDENDI
ACTION FOR TRESPASS
In an action for trespass in which the issue of title is raised .in order to succeed ,a plaintiff must be able to show a better title than the defendant.- PER UDOMA J.S.C.
CASES CITED
1.ALHAJI FASAJI ADEBOYE VS J.O. SHINONIKE [1952] 14 WACA 86.
2.UZOMA NWAKUCHE VS PETER AZULIKE AND 2 ORS [1955]1 5 WACA P.46
STATUTES REFERRED TO
1. SHERIEFFS AND CIVIL PROCESS LAW CAP 16.
2. JUDGEMENT [ENFORCEMENT] RULES.